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HomeMy WebLinkAbout1978-0718 REG MINMINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL July 18, 1978 ROLL CALL APPROVAL OF MINUTES SOLAR ENERGY PUBLIC HEARINGS Postponement-Ash. Hills Susitna Heights Mayor Prickett led the Pledge of Allegiance and called the meeting to order at 7:30 P.M. in the English Lecture Hall on the above date. Councilmembers Phelps, Drescher, Laws, Hamilton and McCannon were present. McCannon moved that minutes of the regular meeting of June 20, 1978 and special meeting of July 10, 1978 be approved and placed on file; Hamilton seconded and on voice vote the motion passed unanimously. Councilman Laws withdrew his solar energy topic and requested a study session on Tuesday, July 25 at 7:30 P.M. in Council Chambers at City Hall. City Administrator Almquist reported that public hearings 4 and 5 relating to annexation and zone change requests by Ashland Hills are being postponed and reset for August 1, 1978. On Laws' ques- tion as to why they are both being held on the same evening the City Administrator explained it was being coordinated to save time. Laws reminded Council that the public hearing on Susitna Heights is being continued for consideration as regards the Planning Commission's condition that requires paving and the need for placement of utilities before street improvements etc. On Laws' question as to placement of services, Alsing said that you could guess but in some instances there would need to be modification. Laws moved to add condition saying the developer put in water and sewer facilities according to plans and specifications provided by the City and be reimbursed on a lot by lot basis; Ragland seconded. Don Pinnock, representing the H & S Construc- tion Company said the City is not correct in asking that H & S put services in under the rules and said of the thirteen conditions put on by the Planning Commission, the developer is appealing only two. Pinnock said this was the only matter being appealed and Council is not proper in opening up something that was not done or considered previously. Pinnock stated that the developers do not need those services themselves. Henry Kneebone who owns adjoining land asked about connect fees and was told that the ordinance has been changed to charge a flat fee based on an average 80' lot and noted that Thunderbird Heights had been served through the old ordinance which charged by the running foot. Alsing explained that subdividers put the mains in place and the City puts in the services. Andy Wilson of 1000 Strawberry Lane opposed the subdivision and asked why twelve years ago when a develop- ment was proposed that it wguld have been necessary to have three access roads and one only is now called for. Wilson said if they were planning to build one house on an acre it would be alright but three or four would have too much impact on the neighborhood. Vicki Neuenschwander of 455 Tolman Creek Road opposed the development saying that roads to area are not sufficient and it does not follow the orderly growth criteria. On roll call vote, Ragland, Drescher, Phelps, Hamilton and Laws voted YES. McCannon opposed. 7/18/78 Pg. 1 gegular Meeting Ashland City Council 7/18/78 Pg. 2 PUBLIC HEARINGS Cont. Traveler's Accommod. Dennis Toney Appeal/High Meadows City Administrator Almquist read a memorandum relative to a request for five dwellings adjacent to the Palm Motel and a letter from David Skolnik appealing CUP #229 to allow the use. Almquist asked the ~ memorandum of July 14, 1978, letter from Appellant Skolnik dated June 28, 1978, Staff Report of June 14, 1978 and coplI~~ !ega~ nq~q~ be made part of the record. Mayor Prickett opened the public hearing. Debra Healy spoke for the appellant stating that this is a low income residential area occupied about one half by owners and the balance by renters. Healy suggested that if the use be allowed that Mr. Toney, the applicant, be required to install sidewalks. Healy said that if this use is allowed, more property will be picked up until the resident- ial property and livability will be destroyed by a commercial effort. A letter from Gerald Schmidt citing traffic, noise and density as reasons for opposition. Don Pinnock, Attorney representing the Toneys said that the units will be rented out essentially only three months out of the year to travelers and the rest of the time by students. Pinnock said that Mrs. White who lives next to the Palm Motel complex wrote a letter in favor of the request. Pinnock said the owners keep the property in good condition and have guests coming back each year. Pinnock felt the idea of having sidewalks is not practical since there are no sidewalks from Mountain to Wightman. Pinnock said that most of the opposition came from Iowa & Mountain but when people go down to visit there they would head right back to Siskiyou Blvd. where they are familiar. Pinnock explained that the appellant would have to overcome the action of the Planning Commiss- ion decision by a preponderance of evidence etc. Planner Box said that findings on public need is not an issue. Pinnock reported that the alignment of houses would create a problem if sidewalks were required and that a house would project out to the sidewalk as it sits there. Ragland said the Chamber of Commerce dropped their traveler accommoda- tions bureau and felt the need lessened. Ragland moved to uphold the appeal; Drescher seconded. Drescher said he is concerned about the impact on the neighborhood and reminded Council of its decision on the Thormahlen request to provide such facilities in the Pioneer/Hargadine neighborhood for the same purpose, On roll call motion to uphold appeal passed unanimously. A letter from Charlotte A. Sheldon, 243 N. Mountain Avenue was read appealing the proposed planned unit development known as High Meadows which had been approved by the Planning Commission on June 14, 1978. The City Administrator requested that S_heldon's letter of June 27, 1978, Staff Repor~ dated June 14, 1978 and the legal notice be made part of the record. Planner Winterowd explained [~i~n~'I'for the ll0-u~it residential planned unit development to be constructed over a two-year period and said access has been considered as a problem. Winterowd said that Hersey Street is scheduled for paving under the FAUS program. Winterowd expressed concern by Staff regarding a shortage of industrial property and noted that only one site review had been requested since the layout of Grizzly Industrial Park since it was platted~ 7/18/78 Pg~ 2 Regular Meeting Ashland City Council 7/18/77 Pg~ PUBLIC HEARING High Meadows cont. Hank Hampton speaking for himself and Hoffarth as developers of High Meadows PUD showed elevations and explained the single-family attached units and physical features of the plan including the layout of the houses, open space and playground, walkways, active park etc. and said that access made it difficult to use land for industrial use. Hampton said that Southern Paeific had agreed to take care of oil spills. Hampton said there would be restrictive covenants on storage of vehicles and said that he and Hoffarth are local people and as such would want to be proud of their development. Hampton said there are plans to oil mat Hersey Street and to sign up for paving on Mountain. Drescher com- mented on the useability of the open space saying the topography would not lend to a baseball park/playing field and wondered if a couple of units could be deleted to allow for a flat baseball field. Hampton was agreeable to working something out. As far as the access problem of the police and fire departments as regards the railroad tracks along the edge of the property Hampton said it would appear to be a problem of the City and suggested a meeting. Mayor Prickett asked for co~nents in opposition to the planned unit development. Charlotte Sheldon of 243 N. Mountain who had appealed the proposed PUD spoke in opposition of th~ development saying that it could change the environment of the area by taking away the rural flavor, generating traffic and said she feels the proposal is a non-compatible land use and the land should remain industrial to provide employment. Sheldon said the development would be too close to the railroad tracks. Sheldon pointed out that both open space areas are on the outside edges of the development. Sheldon said that the noise of the train activity would be above a safe level and that Southern Pacific had no knowledge of proposed development. Sheldon reported that she had requested a traffic count and learned that there was 1541 vehicles on Mountain Ave- nue daily and on a count of Oak Street 200' feet South of Hersey Street a daily average was 2327. Sheldon added that Hoffarth has purchased additional property on Hersey for further development and said the industrial property earmarked in the comprehensive plan should be protected. Duane Sanders of Elkader Street spoke in support of upholding the appeal saying that the Planning Commission had made an arbitrary dec- ision and said the original idea of the industrial park should be pur- sued and the people of Ashland should have what they want and need in the City. John Eads, attorney representing Robert Williamson of 311 N. Mountain Avenue spoke in opposition of the development saying that the density could be no more than 70 units; the proposal violates the comprehensive plan which reserves industrially designated land for industrial uses and that a zoning ordinance must follow the land use plan. A{ter fur- ther comments Eads recommended that Council uphold appeal. Martha Sharp, 263 N. Mountain, said she went to the Ashland depot and found S.P. knew nothing of the proposed development and was referred to Medford office. She said they know nothing about it in Medford and from there was referred to Portland. She said that officials there were concerned about the loss of industrial land near the railroad tracks. 7/18/78 Pg, 3 R~gular Meetin~ Ashland City Council 7/18/78 Pg. 4 High Meadows Appeal cont. ASHLAND HILLS ANNEX. ASHLAND HILLS ZONE CHANGE HOME OCCUPATION PERMITS MINUTES OF BOARDS, COM- MISSIONS ETC. GUTIEKREZ CLAIM WILEY ST. VACATION REQUEST Leonard Friedman, 498 Lynn expressed concern for children's safety because of the traffic anticipated in the area and said it is not a good place to put additional houses and questioned the rationale of taking away business and adding three or four hundred people. Fried- man requested that Council uphold the appeal. Eugene Mitchell of 271 N. Mountain opposed the proposed development saying it would have adverse effects in that particular area. Michael Healy of Southern Pacific reported he knew nothing of the plans and said his'firm is doing everything possible to clean up oil spill. Healy said that rail service is increasing yearly and to lose the industrial opportunity afforded by this service would be detrimental to the community as business of this nature will have to go elsewhere. Healy noted that there were no persons in the audience except the developers speaking in favor of this land-use. David Sharp of 253 N. Mountain opposed based on noise levels created by trains. The points brought up by Eads were discussed by Council and City Attor- ney advised Council that Box agreed there had been an error in density and said the public hearing could be continued or the matter could be returned to the Planning Conmission for clarification. Hampton asked for expression from Council as to their approval of the concept and asked for decision one way or another. Box said if Council approves concept they have the option to resubmit and as conditional use that density would be permitted as R-3. Ragland said he is reluctant to vote either way in the absence of clarification of Eads presentation, and asked permission to abstain. Mayor declined permission stating only a conflict of interest would be excusable. Phelps moved to uphold appeal; Laws seconded. Drescher, Hamilton, Ragland, Laws and Phelps voted YES and McCannon cast the only opposing vote. Motion carried. Continued until readvertised. Continued until readvertised, City Administrator requested item be deferred until next regular meeting and Council agreed. Ragland moved to accept minutes of Boards, Connnissions and Committees; McCannon seconded and on roll call, all YES. A letter was read from Attorney Robert R. Dickey relative to a claim being filed by Mary Gutierrez for personal injuries. City Adminis- trator Almquist recommended denial and that the matter be passed on to Cityts insurance carrier. Almquist also noted that the damage claim had not be filed within the six months limit for such action. A letter from John Schleining and Duane Smith along with signed petition was submitted and read. The City Administrator recommended setting hearing date. Mayor set public hearing for August 15, 1978 at 7:30 P.M. 7/18/78 Pg. 4 Regular Meeting Ashland City Council 7/18/78 Pg'5 PUBLIC FORUM LIQUOR LICENSE APP. City Administrator Almquist apologized for having scheduled so many hearings and asked how Council would like to handle dates. Mayor suggested that matter come before Council initially and then a public hearing date should be set at the meeting. A liquor license application was submitted for Chateaulin Restaurant, 50 E. Main Street for Class '~" Dispenser license. McCannon moved to approve; Ragland seconded and on roll call al~ members voted YES with exception of Drescher who abstained. OAK KNOLL SANITARY SEWER CRIME PREVENTION PROGRAM Ragland moved to place request for name changeon license of Angelo's Pizza; Laws seconded and on roll call motion passed unanimously. Ragland moved to approve; Hamilton seconded and on roll call, passed unanimously. Director of Public Works Alsing explained need for 1500 feet of 10" pipe to accommodate E & G Properties, Oak Knoll and future growth within urban growth boundary. Phelps moved for approval of request; Ragland seconded and on roll call, all YES. A memorandum from Sgt. Vic Lively requesting items needed by the crime prevention program was submitted. Ragland moved for approval, Drescher seconded and on roll call, all YES, URBAN GROWTH BOUNDARY Reiteration of Council support for adoption of goals and policies in connection with Urban Growth Boundary was discussed and Drescher moved that staff communicate Council support to County Commissioners; Phelps seconded and on roll call passed unanimously. ANNUAL AWARDS DINNER SOLAR ENERGY ORDINANCES, RES. & CONTRACT Bike Path Ord. Senior Citizens Disc. Rear Yard Set-backs ASHLAND EMPLOYES ASSN Memo. of Understanding etc. DEPARTMENTAL REPORTS McCannon moved to accept Depar tal Reports for th of June, ,~ranklln ' ~ckett ~ Citv Recorder ~avor City Administrator Almquist reported that the cost per employe for awards dinner would now be approximately $10.00, Mayor appointed ' Drescher and Hamilton as committee with Council approval for reinstate- ment of awards dinner. Council agreed to defer Solar Energy item and Mayor set Study Session for Tuesday, 3uly 25, 1978. Second reading by title only was given an ordinance which relates to a prohibition of parking on sidewalks and bike paths. Drescher moved to adopt; Ragland seconded and on roll call passed unanimously. City Administrator Almquist gave second reading by title only of an ordinance amending Ordinance No. 1766 as amended by Ordinance Nos. 1860 and 1884, providing a program of utility discounts for senior citizens. Phelps moved for adoption; seconded by Ragland and passed unanimously on roll call vote. First reading was given an ordinance amending the Zoning Ordinance relative to rear yard setbacks in single family residential zones. McCannon moved to second reading; Hamilton seconded and on roll call, all YES. Items 4, 5 and 6 as they relate to City employes were considered and Ragland moved for approval and signature authorization; seconded by Phelps and passed unanimously on roll call, all YES. 1978,